Sec. 12.10. - Cost recovery.

The city council finds that it is necessary to establish a cost recovery program for certain services provided by the Brawley Fire Department. The purpose of the cost recovery program is to establish a method for the city to recover costs expended providing services to residents and visitors.

The city has conducted a study to determine the actual costs of providing various services. The council is hereby authorized to adopt a schedule of fees for services rendered by the fire department by resolution. The fire department shall review the fee schedule on a bi-annual basis and, in the event a change is fees is justified, the city council shall be authorized to adopt amended fees schedules as needed. The fees authorized by this ordinance shall not exceed the actual costs incurred by the Brawley Fire Department for rendering the services subject to the fees established herein.

The city's finance department shall be responsible for collecting the fees provided for herein.

(Ord. No. 2019-04, § 2, 10-1-2019)

Fees are established to recover from at-fault persons the cost of services provided by the Brawley Fire Department in responding to the scene of an incident. The cost recovery fees are for services directly beneficial to the at-fault person in that they serve to limit the extent of damages or potential damages arising from his or her acts or omissions.

The amount of recovery for specified fire services shall be set by resolution of the city council and shall be based on the type and amount of services provided. The fees shall not exceed the recovery of the actual cost of personnel, supplies, and equipment present or used at the scene. The cost recovery fees may include an administrative charge in an amount set by resolution of the city council.

The fire chief, or designee, shall make the at-fault determination. In order to administer and implement the provisions of this section, the fire chief is authorized to adopt written rules and regulations that are consistent with the provisions of this section.

A person who disputes the determination of fault made pursuant to this section may appeal that decision pursuant to section 19F.7.(a) of the Brawley Municipal Code. The request for hearing form must be accompanied with either an advance deposit of the fee imposed pursuant to this section or a request for hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

A person who does not dispute the determination of fault made pursuant to this section, but contends that he or she is unable to pay the fee imposed by this section may request a hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

This section shall not apply to response costs that are recoverable pursuant to Cal. Govt. Code § 53150.

For purposes of this section, a person is "at fault" if his or her willful, reckless or negligent acts or omissions are a proximate cause of the incident. More than one person may be considered "at fault," in which case the fees imposed pursuant to this section shall be proportionately allocated according to the at-fault determination.

The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the fire department to the scene of any incident.

(Ord. No. 2019-04, § 2, 10-1-2019)

Fees are established to recover from persons that receive medical aid from the fire department the cost of services provided by the fire department in responding to the call for medical aid. The cost recovery fees are for services directly beneficial to the person receiving aid because the services often significantly increase the person's chance of survival and recovery in the event of a medical emergency. Further, the services provided often reduce complications that may result in significant savings in future medical costs.

The amount of recovery for specified medical aid services shall be set by resolution of the city council and shall be based on the type and amount of services provided. The fees shall not exceed the recovery of the actual cost of personnel, supplies, and equipment present or used in responding to a call for medical aid. The cost recovery fees may include an administrative charge in an amount set by resolution of the Brawley City Council.

A person who contends that he or she is unable to pay the fee imposed by this section may request a hardship waiver pursuant to section 19F.8 of the Brawley Municipal Code.

The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the fire department to a call for medical aid.

(Ord. No. 2019-04, § 2, 10-1-2019)

Sec.12.10.3. Cost - recovery for false alarm response.

Fees are established to recover from persons that maintain an alarm system that alerts the Brawley Fire Department of the presence of smoke, fire, heat, medical emergency or carbon monoxide when no such emergency is actually present.

The fees established by this section shall only be assessed for false alarm calls generated by alarm systems installed in commercial premises. Commercial premises shall include residential premises that are used for commercial purposes.

The fees assessed by this section shall not be imposed for the first false alarm call generated by any particular premises in any calendar year.

No fee shall be assessed for an alarm call that is cancelled by the alarm company, property owner, or authorized representative prior to the arrival of the fire apparatus.

The amount of the fee imposed by this section shall be established by resolution of the city council and shall not be greater than the actual cost of the fire department's response to a false alarm call.

The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the Brawley Fire Department to a call related to an alarm.

(Ord. No. 2019-04, § 2, 10-1-2019)

Fees are established to recover from persons that possess hazardous material that spill or otherwise require cleanup, mitigation or investigation by the Brawley Fire Department.

The fee for services provided by the Brawley Fire Department in response to an incident involving hazardous materials shall be determined on a case by case basis by the fire chief or designate. The fee shall be calculated based on an hourly rate established by a resolution of the city council. The fee may also include cost recovery for expenses incurred by the fire department in responding to a hazardous substance incident.

The fee assessed for a response to a hazardous response incident shall not exceed the actual costs incurred by the fire department in responding to the incident.

The provisions of this section are not intended to establish or create a special relationship with any particular person or group of persons who will or may be affected by the provisions of this section. This section neither creates nor imposes any

duty on the part of the city nor any of its departments, officials, agents, or employees. Nothing in this section shall be interpreted as requiring or promising any response by the Brawley Fire Department to a call related to hazardous materials.

(Ord. No. 2019-04, § 2, 10-1-2019)